Citation Nr: 0501574
Decision Date: 01/21/05 Archive Date: 02/07/05
DOCKET NO. 03-23 853 ) DATE
)
)
On appeal from the
Department of Veterans Affairs Regional Office in Pittsburgh,
Pennsylvania
THE ISSUE
Entitlement to service connection for post-traumatic stress
disorder (PTSD).
REPRESENTATION
Appellant represented by: The American Legion
ATTORNEY FOR THE BOARD
Michael F. Bradican
INTRODUCTION
The veteran had active service from February 1966 to February
1968.
This matter comes before the Board of Veterans' Appeals
(Board) on appeal from a June 2003 rating determination of
the Pittsburgh, Pennsylvania, Department of Veterans Affairs
(VA) Regional Office (RO).
The appeal is REMANDED to the RO via the Appeals Management
Center (AMC), in Washington, DC. VA will notify you if
further action is required on your part.
REMAND
The Board notes that on his August 2003 substantive appeal
form, the veteran checked the box indicating that he desired
a travel board hearing. A handwritten and highlighted note
in the hearing section of this form states "video conference
requested."
In June 2004, the RO notified the veteran that his video
hearing was scheduled for July 8, 2004 at the Pittsburgh RO.
In a memorandum dated July 8, 2004, the veteran's
representative requested a rescheduling of the hearing. In a
letter dated August 3, 2004, the RO notified the veteran that
he had shown good cause for the rescheduling and that he
would be contacted as to the date and time of the new
hearing.
On August 24, 2004, the Board notified the RO that openings
were available for video hearings on October 15, 2004. The
RO replied asking the Board to schedule several other
veterans for that date, and noting that Mr. [redacted] was
scheduled for a hearing in September, with no specific date
mentioned. Board records indicate that the veteran was
scheduled for a hearing at 10:00 am on September 28, 2004 and
that he did not appear.
The record does not contain any indication that the veteran
was provided notice of the re-scheduled September 28, 2004
hearing.
Accordingly, this case is REMANDED for the following:
The RO should take appropriate action to
schedule the veteran for a
videoconference hearing at the
Pittsburgh, Pennsylvania RO before a
Veterans Law Judge. A copy of the notice
provided to the veteran of the scheduled
hearing should be placed in the record.
The appellant has the right to submit additional evidence and
argument on the matter or matters the Board has remanded.
Kutscherousky v. West, 12 Vet. App. 369 (1999).
This claim must be afforded expeditious treatment. The law
requires that all claims that are remanded by the Board of
Veterans' Appeals or by the United States Court of Appeals
for Veterans Claims for additional development or other
appropriate action must be handled in an expeditious manner.
See The Veterans Benefits Act of 2003, Pub. L. No. 108-183, §
707(a), (b), 117 Stat. 2651 (2003) (to be codified at 38
U.S.C. §§ 5109B, 7112).
_________________________________________________
RENÉE M. PELLETIER
Veterans Law Judge, Board of Veterans' Appeals
Under 38 U.S.C.A. § 7252 (West 2002), only a decision of the
Board of Veterans' Appeals is appealable to the United States
Court of Appeals for Veterans Claims. This remand is in the
nature of a preliminary order and does not constitute a
decision of the Board on the merits of your appeal.
38 C.F.R. § 20.1100(b) (2004).